Second DCA Reverses Adjudication of Dependency Based Solely on Father’s Consent
The marital and family law attorneys of Nugent & Zborowski practice all areas of divorce and family law in West Palm Beach, Florida, and also handle divorce, paternity and modification of alimony and child support cases in West Palm Beach and the greater Palm Beach County, Martin County and Broward County area, including divorce, paternity and support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Royal Palm Beach and Jupiter.
The West Palm Beach divorce and family law attorneys of Nugent & Zborowski observed the recent ruling of Florida’s Second District Court of Appeals in the case of J.D. v. Department of Children & Family Services and Guardian Ad Litem Program, 35 Fla. L. Weekly D1939a (Fla. 2d DCA Aug. 27, 2010).
In J.D., the Department of Children and Families (“DCF”) commenced a dependancy action against a mother and father. DCF alleged the child was abused. The father consented to the child begin adjudicated as dependant but the mother challenged the dependency action. During the dependency hearing the mother testified that there was never any physical violence between her and father and an investigator testified that there was no evidence that any alleged domestic violence had any impact on the minor child. Despite the testimony of the mother and the investigator, the trial court entered an order adjudicating the child dependant based on father’s consent to the order.
The J.D. court reversed the adjudication of dependancy because “[n]o evidence was presented that the child saw or heard any alleged violence or was otherwise in the presence of such violence. Neither was evidence presented that the child has been impacted, or could reasonably be impacted, by any alleged violence.”
For more information, call 561.844.1200 and speak to an attorney with the Law Offices of Nugent & Zborowski about how your juvenile dependency court matter. To read the above referenced opinion, click here.
The attorneys of Nugent & Zborowski exclusively handle Divorce & Family Law matters in and around West Palm Beach and Palm Beach County, Florida, and also handle divorce, paternity and modification of alimony and child support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Royal Palm Beach and Jupiter. For more information call (561) 844-1200 or visit the firm’s website, www.nugentlawfirm.com.
Grandparents’ Rights & Juvenile Dependancy
The marital and family law attorneys of Nugent & Zborowski practice all areas of divorce and family law in West Palm Beach, Florida, and also handle divorce, paternity, modification of alimony and child support and juvenile dependancy cases in West Palm Beach and the greater Palm Beach County, Martin County and Broward County area, including divorce, paternity and support cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Royal Palm Beach and Jupiter.
The West Palm Beach divorce and family law attorneys of Nugent & Zborowski handle various types of proceedings related to divorce and family law, and their representation includes that of grandparents. Pursuant to In the Interest of J.M., 560 So.2d 343 (Fla. 4th DCA 1990), a grandparent may initiate a dependency proceeding on behalf of a minor child. Additionally, pursuant to Section 39.5085, Florida Statutes, a grandparent who is granted temporary custody of a grandchild may qualify for state and federal assistance, and a juvenile court judge has the authority to order a parent to pay child support to a grandparent who has temporary custody of a child. Furthermore, pursuant to Section 39.509, Florida Statutes, a grandparent has the right, in most cases, to reasonable visitation with a grandchild that has been adjudicated “dependant.”
For more information, call 561.844.1200 and speak to an attorney with the Law Offices of Nugent & Zborowski for more information regarding your rights as a grandparent.
The attorneys of Nugent & Zborowski exclusively handle Divorce & Family Law matters in and around West Palm Beach and Palm Beach County, Florida, and also handle divorce, paternity, modification of alimony and child support, and juvenile dependancy cases in the vicinity of Palm Beach, North Palm Beach, Palm Beach Gardens, Royal Palm Beach and Jupiter. For more information call (561) 844-1200 or visit the divorce law firm’s website, www.nugentlawfirm.com.